Florida/Georgia Personal Injury & Workers Compensation

...The $50.00 per week child support has continued to accrue since July 11, 1985. The Virginia judgment was not appealed. The foreign judgment was filed with the Clerk of the Circuit Court in Pasco County on December 23, 1985, and notice of the recording of the judgment was mailed to Gibson pursuant to section 55.505, Florida Statutes (1985)....

...y of the foreign judgments within 30 days as required, they argue, by section 55.509, Florida Statutes (1989). This argument is completely without merit. We agree entirely with the following analysis of that act set forth in appellant's reply brief: Section 55.505(2) of the Act provides that the clerk of the circuit court shall mail to the judgment debtor notice that a foreign judgment has been recorded. Section 55.505(3) of the Act provides that no execution or other process for enforcement of a foreign judgment shall issue until thirty days after the mailing of the notice....

...Section 55.509 provides that if the judgment debtor collaterally attacks the foreign judgment within thirty days of the recording of the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action. See Fla. Stat. §§ 55.505(3), .507 (1987)....

...tations in section 95.11(2)(a). See also Haskin v. Haskin, 781 So.2d 431, 432 (Fla. 4th DCA 2001) (differentiating between seeking to domesticate a foreign judgment pursuant to the FEFJA and pursuing a common law action to enforce a final judgment). Section 55.505, Florida Statutes, sets forth the procedures by which a judgment may be recorded. Section 55.507 provides that the foreign judgment becomes a lien thirty days after mailing of the notice required by section 55.505. Section 55.503 allows for the recording of a certified copy of any foreign judgment and provides that any judgment so recorded shall have the same effect of a judgment of a Florida court. Nowhere in section 55.504, 55.505, or 55.507 is there any limitation on the number of times a judgment can be recorded under Florida law....

...Blatt. [9] Under the Florida Enforcement of Foreign Judgments Act, §§ 55.501-.509, Fla. Stat. (1985), no execution or other process for enforcement of Blatt's foreign judgment could issue until thirty days after the mailing of the clerk's notice. § 55.505, Fla....

...Marcia signed the return receipt on February 24, 2000. On March 9, 2000, Marcia and Frank, as co-personal representatives of Edward's estate, filed a complaint against appellant in the Palm Beach County circuit court, contesting the validity and domestication of a foreign judgment pursuant to section 55.505, Florida Statutes (1999)....

...Under the Florida recordation scheme, the foreign judgment is recorded with the local land records. § 55.503(1), Fla. Stat. (1989). Without further provision, the judgment would then become an enforceable judgment lien on all real property of the judgment debtor located in the county. See § 55.10(1), Fla. Stat. (1989). Section 55.505(3), however, immediately stops the judgment creditor from initiating foreclosure of that judgment lien, when the debtor files the section 55.509 contest action....

...The lower court granted the Planning Board's motion to amend, deeming the affidavit filed and ordering Haigh to respond within 30 days. In response, Haigh filed another answer and alleged the same eight affirmative defenses. The clerk of court sent Haigh a "Notice of Recording Foreign Judgment," presumably pursuant to section 55.505(2), Florida Statutes (2005)....

...On April 11, 1986, the California court entered judgment against the Hinchees for the face amount of the promissory note plus interest, attorneys' fees, and costs. Later in 1986, the Hinchees sold their interest in the ranch. More than a year later, Golden Oak Bank recorded the foreign judgment pursuant to section 55.505(1), Florida Statutes (1985)....

...and the Soltesizes, on July 17, 1990, an Ohio Court of Common Pleas entered judgment for Dollar against P.T.M., Inc. and the Soltesizes for $2,300,000. Dollar then recorded the Ohio judgment in Sarasota County on August 6, 1990, pursuant to section 55.503. On August 8, 1990, pursuant to section 55.505, Florida Statutes (1989), the circuit court clerk mailed the required *64 notice of recording, and that notice was received by the Soltesizes on August 11, 1990....

...requested by the pleadings, made a specific finding that, as a matter of law, section 55.507 prohibited a recorded foreign judgment from becoming a lien until after expiration of the thirty days from the date of the mailing of the notice required by section 55.505 by the circuit court clerk....

...While various sections of chapter 55 may appear to lead to contrary results, we are required to interpret those provisions to reach a logical result and one that will facilitate what we determine to be the intent of the legislature in its enactments. In doing so, we interpret sections 55.10, 55.502, 55.503, 55.505, 55.507 and 55.509 (§§ 55.501-55.509 are referred to as the "Florida Enforcement of Foreign Judgments Act") in a manner that establishes the priority of the lien of a judgment recorded thereunder at the moment of recording....

...does not state that the recorded foreign judgment shall not be a lien until thirty days after the mailing of the notice. There is very little, if anything, to distinguish the apparent intended effect of section 55.507 from the immediately preceding section 55.505(3), which states: "No execution or other process for enforcement of a foreign judgment recorded hereunder shall issue until 30 days after the mailing of notice by the clerk. When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this section." (Emphasis supplied.) We conclude that the "automatic stay of the effect of this section" provided in both sections 55.505(3) and 55.507 is a further stay (or extension) of the thirty-day hiatus for enforcement until the culmination of the 55.509 action....

...ment debtor." (Emphasis supplied.) It seems to add to the confusing nature of the various statutory provisions to provide for a courtordered stay in section 55.509 when an automatic stay, based upon the same events, has been provided for in sections 55.505(3) and *66 55.507....

...t Court of Miami County, Kansas. On October 11, 2010, Equity Bank filed and recorded the Kansas judgment in Osceola County, Florida pursuant to the Florida Enforcement of Foreign Judgments Act, §§ 55.501-.509, Fla. Stat. (2008). In accordance with section 55.505, the clerk of the court mailed a notice of recording of the judgment to Pratt at his Florida address by registered mail with return receipt requested....

...Stat. (2008). In order to render a foreign judgment enforceable in Florida, the judgment creditor must record the judgment and provide the clerk of the circuit court with an affidavit setting forth the last known address of the judgment debtor. Id. § 55.505(1). Once the foreign judgment is recorded, the clerk is to mail notice of the recording, by registered mail .with return receipt requested, to the judgment debtor. Id. § 55.505(2)....

...Am South did not file a response to the Motion for Summary Judgment. Because it is undisputed that no debt is owed to AmSouth Bank, AmSouth Bank does not have a lien against the Florida Properties. Next in time is BSB. BSB attempted to domesticate the BSB Judgments pursuant to § 55.505, Florida's version of the Uniform Enforcement of Foreign Judgment Act (the "Florida UEFJA") which provides: 55.505....

...Accordingly, the "counterclaim" will be subsumed into the judgment on the principal claim. [1] BSB was Partners Trust Bank's predecessor in interest. [2] The Florida version of the Uniform Enforcement of Foreign Judgment Act (the "Florida UEFJA"), Fla. Stat. § 55.505, provides that "[a]t the time of the recording of a foreign judgment, the judgment creditor shall make and record with the clerk of the circuit court an affidavit setting forth the name, social security number, if known, and last" known pos...

...from the date of entry of the May 81, 2007, order to the date of the entry of the order under review. In this, the trial court made an error of calculation. The May 31, 2007, Illinois order was domesticated in Florida effective August 25, 2007. See § 55.505(3), Fla....

...Oddly, Petitioner filed a separate action to domesticate the Puerto Rico judgment. This was unnecessary. All that was required was compliance with the FEFJA. Of course, Bowles had no standing to assert that the notice of recording the foreign judgment was not mailed to Former Wife. See § 55.505(2), Fla....

...Oddly, Petitioner filed a separate action to domesticate the Puerto Rico judgment. This was unnecessary. All that was required was compliance with the FEFJA. Of course, Bowles had no standing to assert that the notice of recording the foreign judgment was not mailed to Former Wife. See § 55.505(2), Fla....

...any ground upon which enforcement of a judgment of any ... court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state. Section 55.505(3), Florida Statutes, provides that "[w]hen an action authorized in s....

...contest action." SCG Travel, Inc. v. Westminster Fin. Corp., 583 So.2d 723, 726 (Fla. 4th DCA 1991); see Dollar Sav. and Trust Co. v. Soltesiz, 636 So.2d 63, 65 (Fla. 2d DCA 1994) ("We conclude that the `automatic stay ...' provided in both sections 55.505(3) and 55.507 is a further stay (or extension) of the thirty-day hiatus for enforcement until the culmination of the 55.509 action.")....

...[3] Florida has since enacted the Florida Enforcement of Foreign Judgments Act, Florida Statutes Section 55.501-55.509, which places a dual responsibility on the Clerk of Court and on the judgment creditor to give notice of the recordation of the judgment to the debtor. Fla. Stat. Section 55.505....

...5th DCA 1987) (cardinal rule of statutory construction is that statute should be construed so as to ascertain and give effect to legislative intent expressed in statute). 4 See, the "Florida Enforcement of Foreign Judgments Act," ss. 55.501 - 55.509 , Fla. Stat. 5 Section 55.505 (2) and (3), Fla....

...affidavit for recording with the clerk of court for Miami-Dade County, Florida. The clerk of court and/or Desert Palace as the judgment debtor was then required to promptly provide notice of the recording of the foreign judgment to Cruz pursuant to section 55.505(2), Florida Statutes (1997). 2 Within thirty days of such notice, Cruz would have an opportunity to challenge the validity of the recording of the foreign judgment in an action for a stay of enforcement pursuant to section 55.509. See § 55.505(3) 3 . During this thirty day period, no execution or other process for enforcement of the foreign judgment can issue. § 55.505(3)....

...The address, however, was incorrect and the notice and copy of the recorded judgment was returned to the clerk of court where it was simply placed in the court file. Desert Palace never attempted to provide any alternative notice to Cruz as prescribed by section 55.505(2)....

...discovery in aid of execution on the judgment. Cruz was apparently located and thereafter served with a subpoena for a deposition. Cruz then filed a motion with the trial court seeking to re-establish or reinstate the thirty day period contained in section 55.505(3) for him to challenge the judgment....

...re-establish the thirty day time period for him to challenge this judgment where he undisputedly did not re *308 ceive the prescribed notice of the recording of the Nevada judgment, either from the clerk of court or Desert Palace in accordance with section 55.505(3)....

...In addition, the judgment creditor may mail a notice of the recording of the judgment to the judgment debtor and may record proof of mailing with the clerk. The failure of the clerk to mail notice of the recording will not affect the enforcement proceedings if proof of mailing by the judgment creditor has been recorded. .Section 55.505(3) provides in pertinent part that: No execution or other process for enforcement of a foreign judgment recorded hereunder shall issue until 30 days after the mailing of notice by the clerk ......

...The judgment was final also as to Florida. Once the judgment was filed in Bro-ward County, the Clerk mailed notification to the Haywards, and the judgment became enforceable, even if only one of the Haywards had received notice from the Clerk. See § 55.505, Fla....

...Pursuant to the Florida Enforcement of Foreign Judgments Act, §§ 55.501-509, Fla. Stat. (2000), Mr. Thackeray filed the Ohio final judgment with the clerk of the circuit court in Pinellas County in March 2000, where Boats Express was located. The clerk then provided notice of the filing to Boats Express pursuant to section 55.505(2)....

...its Texas judgment by complying with the Foreign Judgments Acts § 55.501 — 55.509 Fla.Stat. (1987). IDC’s judgment was recorded in Hillsborough County on March *575 25, 1987. IDC also mailed notice of the recording to the Debtor as required by § 55.505(2) Fla.Stat. On April 21,1987, the Clerk of the Circuit Court for Hillsborough County issued a writ of execution on the IDC judgment despite the requirement of § 55.505(3) Fla.Stat., which requires at least thirty days between the date of notice to the debtor and issuance of writ of execution....

...t the Sherwins and Boone Art Galleries, Inc. in the amount of $51,353.00 (the "Judgment"). On October 20, 1995, Ms. Toranto domesticated the Judgment in Florida by recording an exemplified copy of the Judgment and affidavit as required by Fla. Stat. § 55.505, thereby obtaining a judgment lien on the Real Property (the "Judgment Lien")....

...The Trustee commenced this adversary proceeding on January 12, 2007, seeking, among other things, a determination that the Judgment Lien is invalid, unenforceable, or avoidable under § 544(a). On March 15, 2007, the Toranto Trust rerecorded an exemplified copy of the Judgment and the affidavit required by Fla. Stat. § 55.505....

...e-mails. Credit Counseling was served in Florida and never made an appearance in the case. The Washington court entered a default judgment against Credit Counseling. Hylkema filed an affidavit in Broward County to register his foreign judgment. See § 55.505(1), Fla....

...ment in accordance with the above referenced statutes have not yet been met. It ordered: To aid in the disposition of this cause pursuant to Florida Rule of Civil Procedure 1.200, the Court ORDERS the following herein: 1.Pursuant to Florida Statutes § 55.505(2), counsel for Former Wife must send a Notice of Recording of Foreign Judgment via registered mail with return receipt requested to Former Husband at the address given in the Affidavit setting forth the name, address, and social security n...

recorded in Pasco County, Florida, pursuant to section 55.505, Florida Statutes (1985). We reverse. Appellant